[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5203]


[[Page Unknown]]

[Federal Register: March 7, 1994]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

 

Schedules of Controlled Substances; Extension of Temporary 
Placement of Alpha-ethyltryptamine Into Schedule I

AGENCY: Drug Enforcement Administration, Justice.

ACTION: Final rule.

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SUMMARY: This final rule is issued by the Acting Administrator of the 
Drug Enforcement Administration (DEA) to extend the temporary 
scheduling of alpha-ethyltryptamine (-ET) in Schedule I of the 
Controlled Substances Act (CSA). The temporary scheduling of -
ET is due to expire on March 12, 1994. This notice will extend the 
temporary scheduling of -ET for six months or until rule 
making proceedings are completed, whichever occurs first.

EFFECTIVE DATE: March 12, 1994.

FOR FURTHER INFORMATION CONTACT:
Howard McClain, Jr., Chief, Drug and Chemical Evaluation Section, Drug 
Enforcement Administration, Washington, DC 20537, Telephone: (202) 307-
7183.

SUPPLEMENTARY INFORMATION: On March 12, 1993, the Administrator of the 
DEA published a final rule in the Federal Register (58 FR 13533) 
amending Sec. 1308.11(g) of Title 21 of the Code of Federal Regulations 
to temporarily place -ET into Schedule I of the CSA pursuant 
to the temporary scheduling provisions of 21 U.S.C. 811(h). This final 
rule, which became effective on the date of publication, was based on 
findings by the Administrator that the temporary scheduling of 
-ET was necessary to avoid an imminent hazard to the public 
safety. Section 201(h)(2) of the CSA (21 U.S.C. 811(h)(2)) requires 
that the temporary scheduling of a substance expire at the end of one 
year from the effective date of the order. However, during the pendency 
of proceedings under 21 U.S.C. 811(a)(1) with respect to the substance, 
temporary scheduling of that substance may be extended for up to six 
months. Proceedings for the scheduling of a substance under 21 U.S.C. 
811(a) may be initiated by the Attorney General (delegated to the 
Administrator of the DEA pursuant to 28 CFR 0.100) on his own motion, 
at the request of the Secretary of Health and Human Services, or on the 
petition of any interested party. Such proceedings regarding -
ET have been initiated by the Acting Administrator.
    Therefore, the temporary scheduling of -ET, which is due 
to expire on March 12, 1994, may be extended until September 12, 1994, 
or until proceedings initiated in accordance with 21 U.S.C. 811(a) are 
completed, whichever occurs first.
    Pursuant to 21 U.S.C. 811(h)(2) the Acting Administrator hereby 
orders that the temporary scheduling of -ET be extended until 
September 12, 1994, or until the conclusion of scheduling proceedings 
initiated in accordance with 21 U.S.C. 811(a), whichever occurs first.
    The Acting Administrator of the DEA hereby certifies that extension 
of the temporary placement of -ET into Schedule I of the CSA 
will have no significant impact upon entities whose interests must be 
considered under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. 
This action involves the extension of temporary control of a substance 
with no currently approved medical use in the United States.
    The six month extension of -ET in Schedule I of the CSA is 
not a significant regulatory action for the purposes of Executive Order 
(E.O.) 12866 of September 30, 1993. Drug scheduling matters are not 
subject to review by the Office of Management and Budget (OMB) pursuant 
to the provisions of E.O. 12866, Sec. 3(d)(1). This regulation responds 
to an emergency situation posing an imminent hazard to the public 
safety and is essential to criminal law enforcement function of the 
United States.
    This action has been analyzed in accordance with the principles and 
criteria in Executive Order 12612, and it has been determined that this 
final rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

    Dated: February 28, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-5203 Filed 3-4-94; 8:45 am]
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